Dr. Vineet Kothari, J - (1.) THE petitioner who was working as Postal Assistant since 04.07.2010, continued on the said post of the Central Government Postal Department till 19.11.2012 when he resigned from the said post and upon being selected in the services of the State of Rajasthan (Panchayati Raj Department) in the selection process of the year 2013 for the post of Teacher Grade -III, he was appointed with effect from 20.11.2012 on the post of Teacher Grade -III at a fixed monthly honorarium of Rs. 8950/ - for a period of two years probation.
(2.) THE petitioner claimed protection of pay of his earlier post of Postal Assistant in the Central Government, which was higher pay while referring to FR 22 -B(1)(a) and Rule 26 of the Rajasthan Service Rules, which according to petitioner it amounted to 'Technical Resignation' by the petitioner from the post of Postal Assistant in the Head Post Office, Barmer, and upon joining his duties as Teacher Grade -III w.e.f. 20.11.2012 on the very next date of his resigning and relieved from the post of Postal Assistant on 19.11.2012, the petitioner was entitled to the protection of his earlier pay drawn as Postal Assistant in the Central Government department. The representation of the petitioner filed in this regard vide Annex. 10 dated 19.09.2013 to the Block Elementary Education Officer, Panchayat Samiti -Sindhari, District: Barmer, and the reminders thereafter on 31.12.2013 and 03.02.2014, having not been decided by the respondents, has impelled the petitioner to file this writ petition for the following reliefs: - "It is, therefore, most respectfully prayed that; (a) By an appropriate writ, order or direction, the respondents may kindly be directed to fix the pay in accordance with Rule 22B(1)(a) of the Fundamental Rule and Rule 26 of Rajasthan Service Rules, 1951. (b) By an appropriate writ, order or direction, the respondents may kindly be directed to fix the pay of the petitioner by protecting the pay as granted in cadre of Postal Assistant and consequential benefits may be granted. (c) Any other appropriate writ, order or direction which this Hon'ble Court considers just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioner. (d) Costs of the writ petition may kindly be awarded to the petitioner." Mr. S.P. Singh, learned counsel for the petitioner also invited the attention of the Court towards Annex. 12, the down loaded status report of the disposal of the representations of the petitioner from the Web -portal of the State Government, namely, 'Sugam -Samadhan', according to which, the said representations of the petitioner stood disposed of and the petitioner was not found entitled to the pay protection, which he was getting while working as the Postal Assistant in the Postal Department, by the respondent -State Government. The status report as given in the Annex. 12, is quoted herein below for ready reference: -
(3.) LEARNED counsel for the petitioner, Mr. S.P. Singh, also submitted that the Technical Resignation' was given by the petitioner from the post of Postal Assistant as per Rule 13 read with Rule 16 of the FRSR applicable to the Central Government employees and Rule 26 of the Rajasthan Service Rules, 1951. The relevant Rules 13, 16 of FRSR and the Rule 26 of the RSR are quoted herein below for ready reference: - Rule 13 & 16 of FRSR: "Technical Resignation: 13. A resignation from the service or post entail forfeiture of entire past qualifying service. The exception is technical resignation which does not result in forfeiture of past service. Continuity of Service on Technical Resignation: 16. A permanent Government servant appointed in another Central Government Department/Office has to resign from his parent department unless he reverts to that department within a period of 2 years, or 3 years in exceptional cases. Such resignations shall not be deemed to be resignation for the purpose of pension, if admissible. As a consequence, continuity of service benefits should be allowed to such employees in the matter of pension, leave, LTC etc. as admissible under the rules. Rule 26 of the R.S.R., 1951: "26. (1) A Government servant already serving in one service, cadre or department who is appointed to another service, cadre or department by direct recruitment or special selection (including transfer other than by deputation) cadre or department to another) and not by promotion according to service rules, shall have his initial pay fixed as follows: ;